Citizens rush the council dais during a stormy Newark council meeting at city hall Tuesday night.David Giambusso/The Star-Ledger

NEWARK — Newark City council members will return to the scene of a violent outbreak last month as they again cast a vote Wednesday to replace U.S. Rep. Donald Payne Jr. on the city council.

In advance of courtroom arguments on Dec. 11, lawyers for Mayor Cory Booker and the four council members opposing him, agreed to reschedule the vote for Wednesday at 12:30 p.m. in order to eliminate any confusion as to whether or not the decision was on the agenda.

On Tuesday, Nov. 20, Acting council President Anibal Ramos oversaw a move to change the order of business at the top of the meeting so the council could appoint Payne's successor. Payne was elected last month to assume the Congressional office held by his father for decades after Donald Payne Sr. died in office in March.

Despite immediate objections from South Ward Councilman Ras Baraka, the vote went through without any debate. Baraka and two others left the dais in protest.

In an unprecedented move, Booker stepped in to cast a vote when it appeared there was no quorum and Shanique Davis Speight, a long-time ally of power broker Stephen Adubato was appointed. That appointment is now in limbo.

Council members argue that there was a quorum and therefore the mayor had no right to step in.

Now the agenda has been laid out clearly by the city clerk's office, according to a notice that went out to reporters and city officials. If all eight members of the nine-person body are present, only one would have to abstain to scuttle Speight's appointment.

Next week Judge Dennis Carey III will hear arguments as to whether an abstention should count as a "no" vote.